Seriously Too. Expunging down and dirty.

     So if you missed “Seriously, How do I expunge my criminal record?” then get the general idea in that link. At this point, we are going to go deeper into the details. I’ll warn you now, this is going to get weird, so get ready to go pro.
     Expungement of mere mistakes in your GCIC record is most likely not going to do much good for you. Correcting the arrest report to show that you were arrested across the street from Bulldog’s instead of inside Bulldog’s may make you feel better, but will the people asking for that background check care about those finer details of your felony arrest?
     The good stuff in expungement is getting rid of the arrest records completely. The hard stuff is figuring out what the hell the statute means and whether your situation will not only qualify for expungement but not run up against statutory reasons for it not to be expunged.

(References like "(d)(1)(A)" refer to subsections of OCGA 35-3-37)

Cases that will QUALIFY for Expungement

Case 1  -  the case was not forwarded to the prosecuting attorney (d)(1)(A)

Case 2  -  the prosecuting attorney did not indict the case or file an accusation (d)(1)(B)

Case 3  -  after the prosecuting attorney filed an indictment or accusation in the case, the case was subsequently dismissed, dead docketed, or nolle prossed. (d)(6)
Case 4  -  Not covered here.  Other reasons such as negotiated pleas.

What do I do if my case qualifies for expungement?

     Well, honestly, you should go get a good Georgia Criminal Defense Attorney. Do you really know whether your case was indicted, accused, dead docketed or who the prosecuting attorney was? The short answer is that you have to file a request that bounces around to various government agencies, but the even shorter answer is you need to get someone who knows what they are doing in this sort of proceeding.

If it does qualify, what can go wrong in the application for expungement?

     Well first of all, each of the three types of expungement cases has a slightly to significantly different path of processing and review.
     Path1 – It was never sent to the prosecutor, so unless they know you by name in that office because you have 20 other cases in that county, they should approve the application.
     Path2 – The prosecutor did get the arrest records and filed for an indictment or an accusation. There are then at least 7 statutory reasons for denying the application: A) you plead out to a lesser offense; B) evidence against you was suppressed; C) a witness refused to testify against you; D) you are in jail on another charge; E) you went to pre-trial diversion in a deal that did not expressly allow expungement; F) the arrest was associated with the crime wave you are involved in; and, G) you had diplomatic immunity (lucky dog). Tell your lawyer to look up section (d)(7)(A)-(G).
     Path 3 – After an indictment or accusal is filed, you don’t have a right to expungement, but if the prosecutor doesn’t object to your expungement request within 60 days after finding out it, GCIC is supposed to expunge the records. ** Path 3 is significantly different that Path 1 or 2, so make sure to have your lawyer review section (d)(9).

OK, its getting Expunged! What just happened?

     Actually, not as much as you would like. The only records that are destroyed are fingerprint records and photographs of you that are on file wherever police records are kept for the police department that arrested you. GCIC does not destroy or delete anything, they just restrict access your criminal history with respect to the expunged charge. That means the next time you get busted, even though it is expunged, the D.A. is still going to know it happened, they just have less evidence about it.
     Persons seeking your criminal history for employment should not get information about your expunged incidents, but those incident records will still be available to “criminal justice officials upon written application for official judicial law enforcement or criminal investigative purposes." (d)(5).
....

I warned you this was going to get weird.   
It ain’t like spraying some Lysol.

     Expunging sounds good, but it is not easy, and it is not leaving you squeaky clean, even if you do get GCIC to co-operate. It’s best you just keep on the up and up; and keep popping your Pez.